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Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....nexures G and G1 respectively. 9. On 31-12-96 the Prime Minister’s private secretary referred the petitioner’s representation to the Secretary, Ministry of Establishment, Respondent No.2 for a complete report, whereupon the respondent No.2 by its report dated 21-1-97 expressed the opinion tha...... Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mas...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
.... Rony from Uttar Kazla. However, that Mominul Islam Mamun, from whom the informant first came to know about the occurrence, has not been examined in this case. Mr. Mobin further submits that there is complete departure of the essential particulars from the F.I.R. case and the name of the appellant..........Respondent Monir Hossain @ Tutul....................................Appellant Vs. The State.....................................................Respondent Judgment May 8, 9, 10, 11 and 12, 2011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeal......viation and departure from the F.I.R. story on vital points and that the prosecution has made attempt to establish a got up case by subsequent embellishment and that the learned trial Judge without properly appreciating those aspects of the matter, came to an arbitrary erroneous decision convictin......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..Category: Criminal Law | Date: | Hits: 98
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......is also Reported in:
......d in the war of liberation by payment of state honorarium. The petitioners applied to the Trust at different times in between 1997-1998 for enlistment as disable freedom fighters. The authority after proper scrutiny found them genuine disable freedom fighters and started giving them state honorarium......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
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Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ...... High Court Division (Dhaka) (Criminal Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners ......the trend of cross-examination of the prosecution witnesses, is that all the accused persons are quite innocent and that the informant has falsely implicated them in this case with intent to grab the property of the deceased Hanif Sarker and that the confessional statements have been obtained from t......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ation of Taka 20,000.00 by a sale deed dated 10‑9‑88 without serving any notice upon him as required by law and the said deal was concluded secretly with oblique motives. The sale in question was completed under section 60 of the Registration Act on 11‑10‑89 and the pre‑emptor filed this a......1998) 616. ......casioning failure of justice. 7. Mr. Syed Mahmud Hossain, the learned Advocate appearing for the pre‑emptor‑opposite party, on the other hand, submits that the learned Court of Appeal below on proper consideration of the facts and circumstances of the case and the evidence on record, was perf......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J AKM Abu Sayed Chowdhury……………………………Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: ......r Rahman Vs. Mobarak Ali reported in 3 MLR 1998 207 = 50 DLR 55 wherein their Lordship held that, "when the concurrent finding of fact of the trial Court as well as the Court of Appeal are based on proper appreciation of evidence on record and are not vitiated by the non-reading and mis-reading ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......ial Original Jurisdiction)
Present:
Anwarul Haque Chowdhury J
KM Hasan J
Nazmul Hossain (Md.)................Petitioner
Vs.
State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made a......t jurisdiction he does it wrongly or irregularly the action can be said to be done within the purported exercise of his jurisdiction. But, an act which is manifestly without jurisdiction, such as the property which not being an abandoned property within the meaning of President’s Order 16 of 1972 ...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
..
Category: Criminal Law | Date: | Hits: 84
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ...... in: 50 DLR (HCD) (1998) 613. ......by the learned Munsif (now Assistant Judge) Bagha, Rajshahi in Other Class Suit No.52 of 1985 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Briefly stated, the facts for disposal of the this Rule are, that the plaintiff (petit......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......Lahore 733. Lawyers Involved: Menhazuddin Ahmed, Advocate ‑ For the Petitioner. Civil Order No. 3228 of 1998. Judgment Md. Abdul Karim J.- This application at the instance of the husband‑petitioner under section 115 of the Code of Civil Procedure is directed against the judgment a......chment for her, that would not in any way affect the liability of the father to maintain the children. If the father objects to the custody of the children and want to assert his own legal right, the proper course for the father would be to apply for his custody, but so long as the custody of the ch......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....ted 10-6-2004 and the said letter requested the petitioner to pay VAT according to the aforesaid SRO. In reply to the said letter of the respondent No.1, the petitioner stated that his-business was completely different to the definition of বিজ্ঞাপনী সংস্থাtherefore th......t Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: Th......eparate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. The relevant facts for disposal of this Rule are as follows: The petitioner is a pa...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......isions of the Bangladesh National Building Code, 2006 at every level of construction and demolition of any building and/or why such other or further order or orders, as to this Court may seem fit and proper, should not be passed. 2. Shortly stated the relevant facts necessary for disposal of the ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......his Case is also Reported in: 7 LG (HCD) (2010) 371. ...... of 2003 which is pending in the Court of Joint District Judge, 2nd Court, Cox's Bazar should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts relevant for disposal of this rule briefly are that, on 16.04.2009 opposite ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....ng if seems that the name of any person who ought to have been joined either as plaintiff or as defendant and whose presence before the Court is necessary in order to enable the Court effectually and completely to adjudicate upon and settled all the questions involved in the suit, be added as party ...... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......Appall No.182 of 1991 for impleading them as parties under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure stating that the petitioners have right, title and interest in the suit property as described in the schedule of the plaint. The learned subordinate Judge upon hearing the ......the Civil Procedure Code sating that during pendency of the partition suit before the trial Court the present petitioners have direct right, title and interest in the suit land and as such for proper adjudication of the suit and appeal the petitioners should be impleaded as parties but the said appl..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
.... Arman and their extra judicial confession are co-related and corroborated by other evidence. In this way the confessional statement and extra judicial confession and other connecting evidence have completed the chain of this case which also have helped to prove the case. 63. The learned trial ...... ...... occurrence and that the learned Judge convicted the persons only on the basis of confessional statement made by the accused Arman. It is further submitted that the learned trial court failed to take proper care and caution in assessing the evidence of partisan and interested witnesses and that th......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ...... 4, 2010. Result: The Rule is disposed of. Lawyers Involved: S. M. Abdur Rouf - For the Accused-Petitioner. Md. Ensan Uddin Sheikh, Assistant Attorney-General, Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-Generals - For the State-Opposite Party No.1. Cr......arising out of Rangunia Police Station Case No.5(5)93 corresponding to G.R. No.50 of 1993 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- 3. One Sunil Kuma......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..Category: Criminal Law | Date: | Hits: 90
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......……………………Petitioner (In Writ Petition No.2669 of 2000) Advocate Md. Tajul Islam………………………………Petitioner (In Writ Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgmen......y the Regional Council Act of 1998 (Act No.12 of 1998) should not be declared unconstitutional and, therefore, void or such other or further order or orders passed as to this Court may seem fit and proper. A further Rule Nisi issued in Writ Petition No.2669 of 2000 calling upon the Respondents t......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....truth against the terrorist and arms holder, they have to face the dire consequence of telling the truth immediately after giving deposition. In this case also, P.W.1 and 2 have not dared to tell the complete truth still they have admitted their respective signature in the seizure list which indir...... The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and ......on over Civil and Criminal Courts of the land. The power in a sense are inalienable attribute of the position it holds with respect to the Courts subordinate to it. Thus, the High Court Division is a proper case possesses the inherent power to quash any proceeding, Judgment or decision of any Cour......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......007 before the cognizance Court No.1, Sylhet stating, inter alia, that accused, namely, (1) Chowdhury Ataur Rahman Azad (40), (2) Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/-......Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/- for exchange of their forged land property. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatened the complain......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ...... Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Md. Delwar Hossain J Md. Habibur Rahman Chowdhury…………………….Accused-Petitioner Vs. The State and another………………………Opposite parties Judgment January 7, 2010. Result: ......ruments Act, now pending in the Court of Joint Metropolitan Sessions Judge, Court No.5. Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.2, Sonali Bank Ramna Corporate Branch, Dhaka as complaint file......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..Category: Criminal Law | Date: | Hits: 138
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......na Vs. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed in the Criminal Appeal No.30 of 1989 by the learned Sessions Judge, Jessore affirmi...... which may extend to one year or with fine which may extend to Taka 10,000.00 or with both. In the instant case, the trial Court sentenced the accused to suffer RI for one year. This sentence was not proper and the appellate Court modified it and awarded sentence of simple imprisonment for one year.......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
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